This action might not be possible to undo. Are you sure you want to continue?
of an original thought. (Ballantine s Law Dictionary) COVERAGE Intellectual property rights consists of: a) Copyrights and related rights; b) Trademarks and service marks; c) Geographic indications; d) Industrial designs; e) Patents; f) Layout-designs (Topographies) of Integrated Circuits; and g) Protection of Undisclosed Information. (Sec. 4) STATE POLICY IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS (IPR) -There is a declaration of State Policy that, among others, the State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments and ensures market access for our products, hence it shall protect and secure exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations. (Sec. 2) INTERNATIONAL CONVENTION AND RECIPROTICY
· Any person who is a national or who is domiciled or has a real and effective industrial establishment in a country which 1) is a party to any convention, treaty, or agreement relating to intellectual property rights or the repression of unfair competition to which the Philippines is also a party, or 2) extends reciprocal rights to nationals of the Philippines by law, shall be entitled to benefits to the extent necessary to give effect to any provision of such convention, treaty, or reciprocal law, in addition to the rights to which any owner of an intellectual property rights is otherwise provided by law. (Sec. 3) REVERSE RECIPROCITY OF FOREIGN LAWS Section 231 making enforceable on nationals of a foreign state all conditions, restrictions, limitations, diminutions, requirements or penalties that may be imposed by such foreign state on a Filipino national seeking intellectual property protection. v Reciprocal application is not automatic Rather, the Phils. may apply to the foreign national those restrictions that his country imposes on Filipino applicants What are TECHNOLOGY TRANSFER ARRANGEMENTS ? -contracts or agreements involving the transfer of systematic knowledge for the manufacture of a product, the application of a process, or rendering of a service including management contracts; and the transfer,
assignment or licensing of all forms of intellectual property rights, including licensing of computer software except computer software developed for mass market. (Sec. 4)
PRESCRIPTIVE PERIOD OF ACTIONS FOR DAMAGES UNDER THE IPC -No damages may be recovered after four (4) years from the time the cause of action arose (Sec. 226) JURISDICTION OVER DISPUTES UNDER IPC A. Original Jurisdiction 1) Director General (IPO) -has original jurisdiction to resolve disputes relating to the terms of a license involving the author s right to public performance or other communication of his work. 2) Bureau of Legal Affairs -has jurisdiction over the ff: i. Opposition to applications for registration of marks; ii. Cancellation of trademarks; iii. Cancellation of patents, utility models and industrial designs; iv. Petition for compulsory licensing of patents; v. Administrative Complaints for violations of laws involving IPR where the total damages claimed is not less than P200,000.00
The patentable invention may be. provided that: i. use. e) Imposition of administrative fines. (Sec. (Sec. of Legal Affairs · Dir. a product. and make the same whether for commerce or industry. i) Censure. 21) 3) Inventiveness/Inventive Step -an invention involves an inventive step if. (Sec. license. ADMINISTRATIVE PENALTIES IMPOSED FOR VIOLATIONS OF LAWS INVOLVING IPR -The Director for Legal Affairs may impose the ff: a) Issuance of a cease and desist order (CDO). PATENTABLE INVENTIONS -any technical solution of a problem in any field of human activity which is NEW. Information and Technology Transfer Bureau -has jurisdiction to settle disputes involving technology transfer payments B. of Trademarks · Dir. c) Condemnation or seizure of products subject of the offense.2 [b]) Requirements: 1) Technical solution of a problem in any field of human activity 2) Novelty that which does not form part of a prior art consists of: a) that which has been made available to the public anywhere in the world before the filing date or the priority date of the application b) that which forms part of an application whether for patent. or an improvement of any of the foregoing. authority or registration. license. 10. Information and Technology Transfer. the filing date of the prior art is earlier. utility or industrial design. of Patents · Dir. Information and Technology Transfer 2) Court of Appeals -over decisions of the Director General in the exercise of his appellate jurisdiction over the decisions of the: · Dir. d) Forfeiture of properties used in the commission of the offense. LAW ON PATENTS PATENT an exclusive right acquired over an invention. j) Analogous penalties or sanctions (Sec. authority or registration. having regard to prior art. involves an INVENTIVE STEP and is INDUSTRIALLY APPLICABLE shall be patentable. Appellate Jurisdiction 1) Director General -over all decisions rendered by the ff: · Dir. or process.3) Documentation. it is not obvious to a person skilled in the art of the time of the filing date or priority date of the application claiming the invention. of Legal Affairs · Dir. the inventors or applicants are not the same ii. h) Assessment of damages. of Patents · Dir. to sell. iii. of Trademarks 3) Secretary of Trade and Industry -over decisions of the Director General on the exercise of his appellate jurisdiction of the Director of Documentation. g) Withholding of permit. AND -over decisions of the Director General in the exercise of his original jurisdiction relating to the terms of license involving the author s right. the contents of the application are published in accordance with the requirements of patent application rules. f) Cancellation of permit. 27) . b) Acceptance of voluntary assurance compliance (VAC) or voluntary assurance of discontinuance (VAD). effective in the Philippines. 26) 4) Industrial Applicability -an invention that can be produced and used in any industry. or may relate to. of the Documentation.
. prevent or prohibit any unauthorized person or entity from using the process. f) in case an employee made the invention in the course of his employment. or importing any product obtained directly or indirectly from such process. the patent shall belong to: · the employee if invention not part of his regular duties even if he uses the time. 71) CONTENTS OF PATENT APPLICATION A patent application shall contain: 1) a request for the grant of patent. 42). Scientific Theories and Mathematical Methods. and from manufacturing. or transfer by succession the patent.NON-PATENTABLE INVENTIONS The following shall be excluded from patent protection: a) Discoveries. b) Schemes. -the disclosure of the invention must be in a manner sufficiently clear and complete for it to be carried out by a skilled in the art. e) Inspection of the application documents by any interested party and written observations by any third RIGHT TO A PATENT The right to a patent belongs: a) to the inventor. dealing in. b) Examination of compliance by applicant with the formal requirements specified in Sec. OR · the employer if the invention is the result of the performance of his regularly assigned duties unless agreed otherwise. facilities and materials of the employer. 32.e. rules and methods of performing mental acts. selling or importing that product. or assigns b) when 2 or more persons have made the invention separately and independently to them jointly c) if two (2) or more persons have made the invention separately and independently of each other to the person who filed an application for such invention (FIRST TO FILE RULE) d) where 2 or more applications are filed for the same invention to the applicant who has the earliest filing date or the earliest priority date (FIRST TO FILE RULE) (Sec. to restrain. e) Aesthetic creations. his heirs. b) Where the subject matter of a patent is a process. playing games or doing business. c) Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body. to restrain. 44). c) to assign. 22) e) in case of inventions created pursuant to a commission to the person who commissions the work UNLESS agreed otherwise. and to conclude licensing contracts for the same (Sec. 4) One or more claims 5) An abstract (Sec. d) Plant varieties or animal breeds of essentially biological process for the production of plants or animals. 29) . offering for sale. 3) Drawings necessary for the understanding of the invention. contents of application (Sec. using or offering for sale. 41). 43) d) Publication of patent application in the IPO Gazette (Sec. c) Classification of application and search for prior art (Sec. prohibit and prevent any unauthorized person or entity from making. he must show proof of authority to seek application for registration UNITY OF INVENTION -every application for patent registration must contain an application over a simple invention or several inventions but must form part of a single general inventive concept PROCEDURE FOR THE GRANT OF PARENT a) According a filing date to the application (Sec. using. 2) a description of the invention. f) Anything which is contrary to public order or morality (Sec. i. 32) v must contain relevant information as to the identity of the person (no anonymous person) v if the applicant is not the inventor. and programs for computer. RIGHTS ACQUIRED BY THE PATENTEE The patentee acquires the following rights under his patent a) Where the subject matter of a patent is a product.
44. UTILITY MODEL. whether or not associated with lines or colors provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft. offering for sale. the same result. 61) e) failure to make payments of annual fees or dues Where to file? · BLA if in violation of IPC (administrative) · RTC otherwise INFRINGEMENT -the making. c) That the patent does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by any person skilled in the art. using. or d) That the patent is contrary to public order or morality. form. 50). renewable twice UTILITY MODELS -models of implement or tools of any industrial product even if not possessed of the quality of invention but which is of practical utility INDUSTRIAL DESIGN -any composition of lines or colors or any threedimensional form. INDUSTRIAL DESIGN a) Patent 20 yrs from the filing date of application. CANCELLATION OF PATENTS Who may file? · any person · IPO motu proprio Grounds: a) That the patent is invalid (Sec. 52) TERM OF A PATENT. the refusal may be appealed to the Director of the Bureau of Patents. or refusal of the examiner to grant the patent (Sec. (Sec. they are the same even though they differ in name. for the substantive examination by the IPO of his application. 2) Doctrine of Equivalents if two devices do the same work in substantially the same way.party concerning the patentability of the invention (Secs. 4) To have the infringing goods. b) That what is claimed as the invention is not new or patentable. or destroyed without compensation. without renewal b) Utility model 7 yrs. 81). 76) TEST OF PATENT INFRINGEMENT 1) Literal Infringement resort is had to the words of the claim. materials and implements predominantly used in the infringement disposed of outside the channels of commerce. B) File criminal case within 3 years from date of commission of the crime for repetition of infringement (Sec. 51). within 6 months from the date of publication of his patent application. and produce substantially the same result. h) Publication of the grant of patent in the IPO Gazette (Sec. 5) To hold the contributory infringer jointly and severally liable with the infringer. (Sec. or shape. f) Written request by the applicant. g) Grant of the patent (Sec. 84) LAW ON TRADEMARKS . 2) To secure an injunction for the protection of his rights. 3) To receive a reasonable royalty. REMEDIES IN CASE OF INFRINGEMENT A) File civil case for the following purposes: 1) To recover from the infringer such damages as the court may award considering the circumstances of the case provided it shall not exceed 3 times the amount of the actual damages sustained plus attorney s fees and other expenses of litigation.2 and 47). w/out renewal c) Industrial design 5 yrs. selling or importing a patented product or a product obtained directly or indirectly from a patented process or the use of a patented process without the authorization of the patentee. in the latter case. (Sec 48). if the damages are inadequate or cannot be readily ascertained with reasonable certainty.
or (ii) Closely related goods or services. living or dead. TRADE NAMES AND SERVICE MARK A mark cannot be registered if it: a) Consists of immoral. or matter which may disparage or falsely suggest a connection with persons. or any simulation thereof. as being already the mark of a person other than the applicant for registration. when a person has identified in the mind of the public the goods he manufactures or deals in his business or services from those of others. 147) DURATION -the certificate of registration of a trademark shall be ten (10) years from the filing date of application provided the registrant shall file a declaration of actual use within a year from the 5th anniversary of registration date (Sec. deceptive or scandalous matter. color or color combinations. portrait or signature identifying a particular living individual except by his written consent. 146) NON-REGISTRABLE TRADEMARKS. institutions.TRADEMARK anything which is adopted and used to identify the source of origin of goods. c) Consists of a name. -Under the law. (Sec. (Sec. TRADE DRESS involves the total image of a product. including the quality of goods and services of different enterprises which use the sign under the control of the registered owner of the collective mark (Sec. or portrait of a deceased President of the Philippines. (Sec. shape. in respect of: (i) The same gods or services. however. and/or graphics. · Acquisition through use -Whether or not a registered trademark is employed. during the life of his widow. 145) -renewable for another 10 yrs.2) TRADE NAMES the person (whether natural or juridical) who does business and produces the goods or the services is designated by a trade name. the rights in a mark shall be acquired through registration made validly in accordance with its provisions. b) Consists of the flag or coat of arms or other insignia of the Philippines or any of its political subdivisions. texture.1) RIGHTS CONFERRED -the owner of a registered mark shall have the exclusive right to prevent all third parties not having the owner s consent from using in the course of trade identical or similar signs or containers for goods or services which are identical or similar to those in respect of which the trademark is registered where such use would result in a likelihood of confusion.any visible sign designated as such in the application for registration and capable of distinguishing the origin or any other common characteristic. 168. and used for identical or similar goods or services: provided. beliefs. or constitutes a translation of a mark which is considered by the competent authority of the Philippines to be well-known internationally and in the Philippines. d) Is identical with a registered mark belonging to a different proprietor or a mark with an earlier filing or priority date. 122) -This proposition of law. or national symbols. that in . or confusingly similar to. e) Is identical with. such a person has a property right in the goodwill of said goods or services which will be protected in the same manner as other property rights (Sec. whether or not it is registered here. signature. and which is capable of distinguishing them from goods emanating from a competitor SERVICE MARK distinguishes the services of an enterprise from the service of other enterprises. It performs for services what a trademark does for goods. or the name. there is no need to register trade names in order to secure protection for them. or bring them into contempt or disrepute. or of any foreign nation. including such features as size. may not be converted for it is not true that where there is no registration. there is no protection. or (iii) If it nearly resembles such a mark as to be likely to deceive or cause confusion. HOW MARKS ARE ACQUIRED -Under RA 8293. except by written consent of the window. COLLECTIVE MARK . 121. if any.
j) Consists exclusively of signs or indications that may serve in trade to designate the kind. and e) The list of the goods or services for which the registration is sought. account shall be taken of the knowledge of the relevant sector of the public. 127. value. decision by examiner. or m) Is contrary to public order or morality (Sec. EFFECTS OF NON-USE · may be excused if caused by circumstances arising independently of the will of the trademark owner. particularly as to the nature. f) Is identical with. e) Failure to use the mark within the Philippines for 3 uninterrupted years or longer. b) Indications sufficient to contact the applicant or his representative. quantity. unless defined by a given form. that use of the mark in relation to those goods or services would indicate a connection between those goods or services.2) PROCEDURE FOR REGISTRATION a) Examination to determine whether the application satisfies the requirements for the grant of a filing date. 123. quality. hearing. or. (Sec. or with permission. c) Registration obtained fraudulently or contrary to provisions of RA 8293. appeal to the Director of Bureau of Trademarks. time or production of the goods or rendering of the services. notice. c) Denial of the application or amendment thereof or publication of the application. d) Opposition to the application. b) Abandonment of the mark. appeal to the IPO Director General. rather than of the public at large. and the owner of the registered trademark: Provided further that the interests of the owner of the registered mark are likely to be damaged by such use. characteristics or geographical origin of the goods or services. d) A reproduction of the mark where registration is sought. l) Consists of color alone. intended purpose. i) Consists exclusively of signs or of indications that have become customary or usual to designate the goods or services in everyday language or in a bonafide and established trade practice. or confusingly similar to. appeal to the CA. b) Examination to determine whether the application meets the requirements of Sec. if any. or other characteristics of the goods or services. if any. e) Issuance of Certificate of registration f) Publication in the IPO Gazette of the fact of registration CANCELLATION OF TRADEMARK OR TRADENAME Who may file? · any person who believes that he is and will be damaged by the registration of a mark Where to file? · BLA Grounds: a) Mark becomes generic for goods for which it is registered. which is registered in the Philippines with respect to goods or services which are not similar to those with respect to which registration is applied for: provided. quality.1) v NO filing date shall be accorded until the required fee is paid (Sec. registrant. k) Consists of shapes that may be necessitated by technical factors or by the nature of the goods themselves or factors that affect their intrinsic value. g) Is likely to mislead the public. h) Consists exclusively of signs that are generic for the goods or services that they seek to identify. 124 and the mark is registrable under Sec. or constitutes a translation of a mark considered well-known in accordance with the preceding paragraph. geographical origin. c) Indications sufficient to contact the applicant or his representative. including knowledge in the Philippines which has been obtained as a result of the promotion of the mark. d) Mark used by. 123) FILING DATE OF AN APPLICATION -The filing date of an application shall be the date on which the office received the following indications and elements in English or Filipino: a) An express or implicit indication that the registration of a mark is sought. such as . 127.determining whether a mark is well-known.
perfect a trademark. or advertisements intended to be used in commerce upon or in connection with the sale. 170). or 2) Reproduce. v infringement is a form of unfair competition REMEDIES AVAILABLE IN CASE OF INFRINGEMENT OF A REGISTERED MARK a) Sue for damages (Sec. 2) Fraudulent intent is not necessary in infringement. copy. counterfeit. the cause of action is the unauthorized use of a registered trademark. DIFFERENTIATED FROM UNFAIR COMPETITION 1) Cause of action: in infringement. any person shall. but necessary in UC. h) Administrative Sanctions UNFAIR COMPETITION -any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in which he deals. prints. or his business. the goods must be of similar class. or colorable imitation to labels. wrappers. indicative or descriptive mark will. shall be liable for infringement. in unfair competition. or colorable imitation of a registered mark or the same container or a dominant feature thereof in connection with the sale.1) g) File criminal action (Sec. for what does is actual use · Non-use is a ground for removing a mark from the register DOCTRINE OF SECONDARY MEANING -While a generic.2). b) Use of artifice or device to induce the false belief that one s goods are those of another. it may be registered. it is the passing off of one s goods as those of another merchant. 156. 157. essential or dominant features of a mark. there is a circumstance that will allow it to be registered. counterfeit. offering for sale. or in connection with which such use is likely to cause confusion. taking into consideration the entirety of the marks. when a mark has become distinctive of the applicant s gods in commerce and. or who shall commit any acts calculated to produce said result. in UC.military coup. 3) Registration of trademarks: in infringement. packages. Under the doctrine of secondary meaning. c) False statements in the course of trade. counterfeit. of itself. or to deceive. or to cause mistake. b) Have the infringing goods impounded (Sec. indicates a single source of consumers. receptacles. offering for sale. or advertising of goods or services on. the goods need not be of the same class. or political changes that impede commerce · Registration is an administrative act declaratory of a preexisting right that does not. or to cause mistake. without the consent of the owner of the registered mark: 1) Use in commerce any reproduction.1) f) Have the infringing goods destroyed (Sec. in UC.1). distribution. c) Ask for double damages (Sec. (Sec. or to deceive. shall be guilty of unfair competition. copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction. 155) TEST OF TRADEMARK INFRINGEMENT 1) Dominancy Test consists in seeking out the main. 2) Holistic Test takes stock of the other features of a mark. signs. be denied registration. advertising any goods or services including other preparatory steps necessary to carry out the sale of any goods or services on or in connection with which such use is likely to cause confusion.3) d) Ask for injunction (156. 156. 156. it is not required. WHAT CONSTITUTES AN INFRINGEMENT -Under RA 8293. distribution. 157. How Committed a) Making one s goods appear as the goods of another. or services for those of the one having established such goodwill. copy. 4) Class of goods involved: in infringement.4) e) Have the infringing goods disposed of outside the channels of commerce (Sec. in the mind of the public. or d) Any act contrary to good faith calculated to discredit another s goods TEST OF UNFAIR COMPETITION . as a general rule. it is a prerequisite.
d) Injunction e) Destruction of goods found to be infringing. choreographic works or entertainment in dumb shows f) Musical compositions. architecture. lantern slides l) Audiovisual works and cinematographic or any process for making audio-visual recordings m) Pictorial illustrations and advertisements n) Computer programs o) Other literary. plans. not to the idea itself or to any procedure. topography. CREATION OF A WORK A copyright work is created when the two(2) requirements are met: 1) Originality does not mean novelty or ingenuity. whether or not reduced in writing or other material form d) Letters e) Dramatic or dramatico-musical compositions. b) Damages may be doubled in cases where actual intent to mislead the public or to defraud the complaint is shown. whether or not registrable as an industrial design. and all paraphernalia. irrespective of their mode or form of expression. c) Impounding of sales invoices and other documents evidencing sales. reproduced. or otherwise communicated for a period of more than transitory duration. a work must be embodied in a medium sufficiently: · permanent. painting. and other works of applied art. Before fixation.2) · Protection extends only to the expression of the idea. 172. Original Work . pamphlets.Literary and artistic works are original intellectual creations in the literary and artistic domain protected from the moment of their creation. It simply means that the work owes its origin to the author 2) Expression there must be fixation To be fixed . scholarly. i) Illustrations. addresses. system. or · stable to permit it to be perceived. or · actual profits collected by the defendant. quality or purpose (Sec. maps. models or designs for works of art h) Original ornamental designs or models for articles of manufacture. or · a certain percentage over the gross sales of defendant in case of the measure of damages cannot be readily ascertained. -if it is not required that the medium be visible as long as there is a possibility of retrieval. dissertations prepared for oral delivery. method or operation. architecture or science j) Drawings or plastic works of a scientific or technical character k) Photographic works including works produced by a process analogous to photography. then there is fixation -it is fixation that defines the time from when copyright subsists. articles and other writings b) Periodicals and newspapers c) Lectures. and shall include in particular: LAW ON COPYRIGHT COPYRIGHT system of legal protection an author enjoys in the form of expression of ideas BASIC PRINCIPLES · Works are protected by the sole fact of their creation. charts and threedimensional works relative to geography. engraving. neither uniqueness nor creativity. scientific and artistic works (Sec. 172) B. there can be no infringement. WORKS PROTECTED BY COPYRIGHT A. sermons. concept or principle. as well as of their content. irrespective of their mode or form of expression. sculpture. sketches. with or without words g) Works of drawing. their content.-The test is whether certain goods have been clothed with an appearance likely to deceive the ordinary purchaser exercising ordinary care. REMEDIES AGAINST UNFAIR COMPETITION a) Damages which may either be: · reasonable profit which would have realized. as well as a) Books. discovery or mere data. lithography or other works of art. quality and purpose. Derivative Works the following derivative works shall .
if the author discloses his identity (Sec. the composer. RIGHTS OF AN AUTHOR (Author a natural person who has created the work. Anonymous and pseudonymous works the publishers shall be deemed the representative of the author unless: a. But if the work consists of identifiable parts. 196) PRINCIPLE OF AUTOMATIC PROTECTION Under the Berne Convention. 2) Right of alteration or non-publication. system. or embodied in a work. concept. 195) 2) by contribution to a collective work unless expressly reserved (Sec. B. (Sec. principle. 3. 6) Right to other communication of the work to the public. prior approval of the government agency or office wherein the work is created shall be necessary for exploitation of such work for profit. 176) -however. 5) Right to public performance. explained. Moral Rights (Sec. 179). 6. Commissioned work the work belongs to the person commissioning but the copyright remains with the creator unless there is a written stipulation to the contrary. 196) Collective work a work created by two or more persons at the initiative and under the direction of another with the understanding that it will be disclosed by the latter . abridgments. (Sec. Such agency or office. (Sec. administrative or legal nature. 2) Right to create derivative works. Joint creation copyright belongs to the co-authors jointly as co-owners. even if expressed. Economic Rights (Sec. 5.also be protected: a) Dramatizations. translations. discovery or mere data as such. may. the producer. the author of the work are the creators. 173) WORKS NOT PROTECTED -The following works are not protected: 1) Any idea. as well as any official translation thereof. -This pertains to the original decisions not to the SCRA published in volumes since these are protected under derivative works. facilities and materials of the employer. the enjoyment and exercise of copyright. 6) Decisions of courts and tribunals. procedure. method or operation. 3) Right to preservation of integrity 4) Right not to be identified with work of others or with distorted work. including moral rights. 2) News of the day and other facts having the character of mere items of press information. 3) Right to first public distribution or first sale. Single creator copyright belongs to the author of the work. Collective works the contributor is deemed to have waived his right unless he expressly reserves it. and other alterations of literary works b) Collections of literary. OWNERSHIP OF COPYRIGHT 1. the film director. Cinematographic works the producer has copyright for purposes of exhibition. arrangements. the author of each part owns the part that he has created. otherwise it belongs to the employer 4. 193) 1) Right of attribution or paternity right. shall not be the subject of any formality. 7. 3) Any official text of a legislative. adaptations. 4) Right to rent out the original or a cop of an audiovisual or cinematographic work. for all other purposes. 177) 1) Right to reproduce. 2. among other things. Employee s creation copyright belongs to the employee if the creation is not part of his regular duties even if he uses the time. the contrary appears b. (Sec. his heirs or assigns. and compilations of data and other materials which are original by reason of the selection or coordination or arrangement of their contents. scholarly or artistic works.) A. illustrated. Term of moral right -lifetime of the author and 50 years after his death Waiver of moral right 1) by a written instrument (Sec. the pseudonyms or adopted name leaves no doubt as to the author s identity or c. impose as a condition the payment of royalties 5) Pleadings. 175) 4) Any work of the Government of the Philippines. the author of the scenario.
be in writing (Sec. counted from the end of the year of performance. The term of protection shall be counted from the first day of January of the year following the death or of last publication (Sec.lifetime of the creator and for 50 years after his death · Joint creation lifetime of last surviving co-creator and for 50 years after his death. the transferee shall own one or more or all the economic rights transferred provided: a. if inter vivos. the rule for single and joint creation shall apply · Photographic works 50 years from the publication of the work. CRITERIA TO DETERMINE WHETHER USE IS FAIR OR NOT: a) Purpose and the character of the use b) Nature of the copyrighted work c) Amount and substantially of the portions used d) Effect of the use upon the potential market of the copyrighted work (Sec. 50 years. Personal Use -making a single reproduction. are protected for periods of 50 years. notwithstanding the monopoly granted to the owner by the copyright.2) 8. that the copyright in any such work shall not include the right to control the reconstruction. private and personal use applicable only when a work has been lawfully made accessible to the public. 186) -include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original or in any form recognizably derived from the original. recording. before the expiration of said period. the assignment. the author's identity is revealed or is no longer in doubt. adaptation. or broadcasts. b) Using for instructional purposes including producing multiple copies of classroom use. the assignment be filed with the National Library upon payment of the prescribed fee. 185) 3) WORKING OF ARCHITECTURE (Sec. for scholarship. or from making the same term is given to audiovisual works produced by photography or analogous processes. · Work of Applied Art 25 years from the date of making · Newspaper Article lifetime of the author and 50 years after his death v A pure news report will no longer find protection under . 180. respectively. commenting. respectively. and news reporting.A privilege in persons other than the owner of the copyright to use the copyrighted material in a reasonable manner without its consent.2) b. 182) he new law.under his own name and that the contributions of natural persons will not be identified. 2) Fair Use of a Copyrighted Work Fair Use . 185) THE FAIR-USES OF PROTECTED MATERIAL ARE: a) Criticizing. (Sec. BUT a column or published comment will · The work of performers not incorporated in RECORDING. · Anonymous or a work under a pseudonym not identifiable with the true name of the creator 50 years after the date of their first publication. in a single person as in the case of personal use but also for a common purpose by a specific circle of persons only. 171. In case of transfers. or rehabilitation in the same style as the original of a building to which that copyright relates DURATION OF COPYRIGHT · Literary artistic works and derivative works of a SINGLE CREATOR . learning or amusement Private Use -making a reproduction. research and similar purposes (Sec. (Sec. 214) LIMITATIONS TO THE RIGHTS ON COPYRIGHT 1) Private performance. adaptation or other transformation of it. Provided. -the doctrine of fair use is meant to balance the monopolies enjoyed by the copyright owner with interests of the public and of society. and BROADCASTS. PRODUCTS OF SOUND IMAGE RECORDINGS. and 20 years. arrangement or other transformation of another s work exclusively for one s own individual use in such cases as personal research. v Except where.
1) 7) IMPORTATION FOR PERSONAL PURPOSES -The importation of a copy of a work by an individual for his personal purposes shall be permitted without the authorization of the author of. make a single copy of the work by reprographic reproduction. b) lawful owner made the copy. 5) REPROGRAPHIC REPRODUCTION BY LIBRARIES -any library or archive whose activities are not for profit may.4) REPRODUCTION OF PUBLISHED WORK -exclusively for research and private study. 3) Delivery under oath of all implements employed in the production of the infringing products themselves and the infringing items. charitable. that such copies do not exceed three (3). b) Copies form part of libraries and personal baggage belonging to persons or families arriving from foreign countries and are not intended for sale: Provided. Religious. useful. 6) REPRODUCTION OF COMPUTER PROGRAMS -allowed on the ff. PATENT AND TRADEMARK 1) Subject Matter of the Right: Copyright literary. and industrially applicable inventions. or iii. 190) REMEDIES IN CASE OF INFRINGEMENT: 1) Injunction to prevent infringement 2) Damages assessed on the basis of the proof alleged by the plaintiff of sales made by the defendant of the infringing work minus whatever costs the defendant may be able to prove and appreciated by the court. (Sec. Patent new. c) purpose of which the reproduction is made is legal like: · use to which the program is made and for which it was purchased demand the reproduction of a copy. without the authorization of the author of copyright owner. not more than one copy at one time is imported for strict individual use. 4) Payment of moral and exemplary damages in the discretion of court. conditions: a) only one copy is made. or educational society imported not more than 3 copies per title provided they are not for sale. Trademark goods manufactured or produced 2) Where Right Registered: Copyright National Library Patent and Trademark IPO 3) Duration of Right: Patent 20 years from filing or priority date Trademark 10 yearsCopyright Generally up to 50 years after the death of the author . importation is by authority and for the use of Philippine Government. ii. 189. or other owner of copyright in. 5) Criminal Action DIFFERENCE BETWEEN COPYRIGHT. the work under the following circumstances: a) Copies of the work are not available in the Philippines and: i. scientific or artistic work. for impounding or destruction as the court may order. or · the reproduction of a copy is necessary to guarantee against loss or destruction (Sec.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.